[Adopted 3-9-2006 by Ord. No. 06-02]
The office of the Zoning Officer of the Township of East Amwell is hereby created. Appointments to the office of the Zoning Officer shall be made by the Mayor and Committee of the Township of East Amwell. The term of office shall be one year, commencing January 1. A vacancy in the office shall be filled by the Mayor and Committee for the unexpired term only. A newly hired Zoning Officer will be subject to a six-month probationary period when the Zoning Officer can be terminated at Township Committee's discretion, with or without cause.
A. 
It shall be the duty of the Zoning Officer to enforce Chapter 92, Land Management, of the Township's Code and, pursuant to that duty, to:
(1) 
Discover and ascertain the existence of any violations of said chapter.
(2) 
Investigate and inspect any alleged violation of said chapter within his/her knowledge or coming to his/her attention. The Zoning Officer will not respond to anonymous tips unless he/she determines that the tip provides a well-founded suspicion that a zoning violation has occurred. The Zoning Officer will not reveal the names of any persons who make anonymous complaints unless required to do so by law.
(3) 
Prevent further or continued violations of said chapter which are known by him/her to exist, and by every lawful means cause the violators to cease and desist from committing such further violations.
(4) 
Prosecute violations of said chapter in the manner provided by law.
B. 
Whenever any building or structure is proposed to be erected, constructed, altered, repaired, converted, used or maintained within the Township of East Amwell, it shall be the duty of the Zoning Officer to ascertain that the same is done in accordance with the provisions of the Land Management chapter and not in violation thereof; and whenever any building or structure is proposed to be erected, constructed, altered, repaired, converted, used or maintained contrary to or any land is used in violation of any provision of this chapter, it shall be the duty of the Zoning Officer to proceed with the enforcement of this chapter in the manner herein provided and as otherwise provided by law; and he/she is hereby further authorized and empowered to institute and maintain any further legal actions and proceedings for the enforcement hereof, now existing or heretofore or hereafter provided, which may be available to him/her. When ascertaining whether a violation exists, the Zoning Officer shall consider the intent of the Land Use Ordinance. If the Zoning Officer is unclear as to the intent of the ordinance, the Zoning Officer may seek advice from the appropriate municipal officials who can provide guidance as to its intent, but the ultimate determination as to whether a violation has occurred shall be made by the Zoning Officer.
Whenever the Zoning Officer shall ascertain that any of the provisions of Chapter 92 are being violated, he/she shall:
A. 
Promptly notify the person committing such violation to cease and desist from continuing such violation. In addition, he/she should inform the person of the nature of the violation identifying the ordinance or statute that is being violated and explain in everyday language what the violation is. If possible, he/she should offer suggestions as to a remedy that would cure an alleged violation. If such violation consists of the construction or erection of an illegal building or structure or an illegal alteration or conversion of an existing building or structure, he/she shall take such steps that are appropriate and lawful under the circumstances.
B. 
After advising the Township Committee in writing of his intent to file a complaint, he may file a summons/complaint alleging the violation in the Municipal Court in the manner prescribed by law and the rules governing the practice in such Court. With the advice of the Municipal Attorney and the permission of the Township Committee, he/she may institute proceedings in the Superior Court when, in his/her opinion, the same are warranted, to enjoin said violation and to effect the discontinuance thereof. Nothing herein shall prevent any person other than the Zoning Officer from instituting a complaint for any violation of said chapter in the manner prescribed by law.
In the enforcement of Chapter 92, the Zoning Officer may apply to the Judge of the Municipal Court for a warrant or warrants to search and inspect the properties and premises upon which he/she has reason to believe any violation of this chapter has taken or is taking place, and, upon probable cause shown, the Judge may issue such a warrant or warrants in the manner authorized by law; and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purposes of proving any case brought for violation of this chapter.
In addition to the duty of enforcement of Chapter 92 and prosecuting the violations thereof, the Zoning Officer shall:
A. 
Make an inspection of every parcel of land, building or structure for which a zoning or land use permit is requested prior to the issuance of such permit, in order to ascertain that said construction, occupancy or use will comply with every standard, regulation and requirement of this chapter for such occupation and use.
B. 
After proper inspection and investigation, issue land use permits and certificates of occupancy in appropriate instances and within his/her jurisdiction.
C. 
Report to the Planning Board with respect to matters which are properly before the Board, and otherwise conduct investigations, report to and be responsible to the Mayor and Committee with respect to matters pertaining to the Zone Plan and this chapter and otherwise within his/her jurisdiction.
[Amended 3-8-2018 by Ord. No. 18-02]
D. 
Start and maintain an accurate and complete file with respect to every alleged violation of this chapter or other matter investigated and processed by him/her.
E. 
File a monthly report of his/her activities, including the complaints and cases processed by him/her and the disposition thereof, with the Mayor and Committee of the Township of East Amwell.
The salary of the Zoning Officer shall be as set by the Mayor and Committee of the Township.
A. 
The office of Alternate Zoning Officer of the Township of East Amwell is hereby created. Appointments to the office of Alternate Zoning Officer shall be made by the Mayor, subject to confirmation by the Committee of the Township of East Amwell. The term of office shall be one year.
B. 
The Alternate Zoning Officer shall fill the office of the Zoning Officer, with all the powers thereof, in the event of incapacity, death, absence, resignation or removal of the Zoning Officer, upon the approval of the Mayor and Committee.
C. 
When filling in for the Zoning Officer, the Alternate Zoning Officer shall have concurrent jurisdiction with the Zoning Officer with respect to issuance of notices to individuals to cease and desist from violating the Zoning Ordinance, to sign and file complaints alleging the violation of any Zoning Ordinance in a Municipal Court in the Township of East Amwell, as outlined in this chapter, and may take any other action which the Zoning Officer is authorized to take pursuant to this article or at law.
D. 
The salary of the Alternate Zoning Officer shall be as set by the Mayor and Committee of the Township.